Supreme Court Grants Bail To Accused Facing Trial For Kidnapping And Rape Of Minor
The Supreme Court has granted bail to an accused who has been booked for kidnapping and sexually assaulting a minor girl.
The bench of Justice B.R. Gavai and Justice Vikram Nath while observing that the chargesheet is filed and the trial has commenced and the accused is behind the bars for almost two and a half years, granted bail to the accused.
"Taking into consideration the nature of allegations and further that the chargesheet is filed and the trial has commenced and the petitioner is behind the bars for almost two and a half years, we are inclined to allow the prayer for bail.", the Court held.
The brief factual matrix of the case is that an FIR was registered against the petitioner-accused, his mother and his friend for offences under Sections 363, 366-A, 342 and 376-D of the Indian Penal Code, 1860 and under Section 5(g), 5(l) and 6 of the POSCO Act, 2012.
It was alleged that the minor girl was kidnapped from her parental house at night by the petitioner-accused and two others and was sexually assaulted.
Advocate Namit Saxena appearing for the petitioner-accused had argued that due to some enmity between the victim and the petitioner-accused, the case was instituted against the petitioner as a tool to settle prior scores.
It was further contended that FIR frivolously alleges the involvement of four individuals, yet the police did not find any evidence against either of them.
On the other hand, Advocate Sandeep Kumar Jha for the State submitted that prima facie charges against the petitioner-accused under Section 376 IPC and Section 5 and 6 of the POCSO Act was made out.
It was further argued that the High Court was right in dismissing the bail plea of the petitioner-accused.
The Apex Court considering that the chargesheet has been filed and the petitioner is behind the bars for almost two and a half years, directed that petitioner be released on bail.
Cause Title- Ankit v. State of Rajasthan